2004 (12) TMI 1 - AT - Service Tax

Service Tax Reduction in cost given by Telegraph authority for providing telephone subscription to PCO Stay/Dispensation of pre-deposit of service tax

Summary

Issues:
1. Application for waiver of pre-deposit of Service Tax and penalty.
2. Interpretation of taxable service under Finance Act, 1994.
3. Dispute regarding liability of service tax on amounts received from PCO subscribers.
4. Recovery of amount by Revenue during pendency of stay application.

Analysis:
The Applicants filed an application seeking waiver of pre-deposit of Service Tax and penalty amounting to Rs. 1,27,72,825/- and Rs. 2,55,50,010/- respectively. The crux of the issue lies in the interpretation of taxable service as per the Finance Act, 1994, which defines it as any service provided to a subscriber by the telegraph authority in relation to a telephone connection. The Applicants argue that the valuation of taxable services for charging service tax should be based on the gross total amount received by the telegraph authority, as clarified in the Board's Circular dated 13-10-1997. This circular emphasizes that service tax liability arises only on the discounted price received in case of services provided at a reduced rate.

The Revenue, on the other hand, contends that PCO subscribers are essentially an extension of the telegraph authority, making them liable to pay service tax on the total amounts collected from users. The dispute centers around the service tax liability when the telegraph authority provides telephone connections to subscribers, with the Applicants paying tax on the amounts received from PCO subscribers. However, considering the clarifications provided in Board's Circular No. 23/3/97-ST dated 13-10-1997, the Applicants seem to have a strong case in their favor, leading to the waiver of duty and penalty for the appeal hearing.

During the proceedings, it was highlighted that the Revenue had recovered an amount of Rs. 25 lakhs while the stay application was pending, which was deemed improper. The Applicants were deemed entitled to interest from the date of deposit of this amount in case the appeal is allowed. The matter was adjourned for further arguments, emphasizing the need for a fair and just resolution.